ITO v. Selected Dalurband Coal Co. (P.) Ltd.

217 ITR 597Supreme Court of India1996#533 most cited

What is ITO v. Selected Dalurband Coal Co. (P.) Ltd. authority for?

The Assessing Officer's belief that income has escaped assessment, leading to the reopening of an assessment, is a matter of subjective satisfaction. The materials available at the time of forming this belief do not need to conclusively prove the escapement of income.

180

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2008 to 2025.

Also referred to as

ITO v. Selected Dalurband Coal Co. · section 147 · section 148 · reason to believe · subjective satisfaction · escapement of income · borrowed satisfaction · change of opinion · tangible material · live link

Sections most often in play

Section 147Section 148Section 143(3)Section 151Section 133(6)Section 142(1)Section 271(1)(c)Section 131

Issues it is cited on

section 147(a)full and true disclosurematerial facts necessary for assessmentescapement of incomeborrowed satisfactionincome escaping assessmentmere change of opinionlive linkreason to believetangible materialchange of opinionkelvinator

Judgments citing ITO v. Selected Dalurband Coal Co. (P.) Ltd.

Hasmukh I Gandhi, Mumbai vs. DCIT Cen Cir 1, Mumbai

In the result, all the appeals filed by the assessee’s stand dismissed

ITA 5006/MUM/2014[2005-06]Status: DisposedITAT Mumbai15 Nov 2017AY 2005-06

Bench: Shri Shamim Yahya, Am & Shri Amarjit Singh, Jm

For Appellant: Shri P. J. PardiwalaFor Respondent: Shri Girish Dave &
Section 147

…site belief Whether the materials would conclusively prove the escapement is not the concern at that stage. This is so because the formation of belief by the AO is within the realm of subjective satisfaction ITO v. Selected Dalurband Coal Co, (P.) Ltd. (1996) 217 ITR 597 (Supreme Court): Raymond Woollen Mills Ltd. v. ITO (1999) 236 ITR 34 (Supreme Court).” 17. The above Hon’ble Apex Court decision duly complements the validity of reopening in this case. Moreover, in view of the above, the case laws referred by the ld. Counsel of the assessee are not applicable on the facts of this case. The assessee’s claim that…

Chintan H Gandhi, Mumbai vs. DCIT Cen Cir 1, Mumbai

In the result, all the appeals filed by the assessee’s stand dismissed

ITA 2798/MUM/2011[2002-03]Status: DisposedITAT Mumbai15 Nov 2017AY 2002-03

Bench: Shri Shamim Yahya, Am & Shri Amarjit Singh, Jm

For Appellant: Shri P. J. PardiwalaFor Respondent: Shri Girish Dave &
Section 147

…site belief Whether the materials would conclusively prove the escapement is not the concern at that stage. This is so because the formation of belief by the AO is within the realm of subjective satisfaction ITO v. Selected Dalurband Coal Co, (P.) Ltd. (1996) 217 ITR 597 (Supreme Court): Raymond Woollen Mills Ltd. v. ITO (1999) 236 ITR 34 (Supreme Court).” 17. The above Hon’ble Apex Court decision duly complements the validity of reopening in this case. Moreover, in view of the above, the case laws referred by the ld. Counsel of the assessee are not applicable on the facts of this case. The assessee’s claim that…

Hasmukh I Gandhi, Mumbai vs. DCIT Cen Cir 1, Mumbai

In the result, all the appeals filed by the assessee’s stand dismissed

ITA 2795/MUM/2011[2002-03]Status: DisposedITAT Mumbai15 Nov 2017AY 2002-03

Bench: Shri Shamim Yahya, Am & Shri Amarjit Singh, Jm

For Appellant: Shri P. J. PardiwalaFor Respondent: Shri Girish Dave &
Section 147

…site belief Whether the materials would conclusively prove the escapement is not the concern at that stage. This is so because the formation of belief by the AO is within the realm of subjective satisfaction ITO v. Selected Dalurband Coal Co, (P.) Ltd. (1996) 217 ITR 597 (Supreme Court): Raymond Woollen Mills Ltd. v. ITO (1999) 236 ITR 34 (Supreme Court).” 17. The above Hon’ble Apex Court decision duly complements the validity of reopening in this case. Moreover, in view of the above, the case laws referred by the ld. Counsel of the assessee are not applicable on the facts of this case. The assessee’s claim that…

Reliant Pipes & Tubes P. Ltd, Mumbai vs. ITO 5(3)(1), Mumbai

In the result, this appeal filed by the assessee stands dismissed

ITA 3383/MUM/2017[2011-12]Status: DisposedITAT Mumbai01 Nov 2017AY 2011-12

Bench: Shri Shamim Yahyaआयकर अपील सं./I.T.A. No.3383/Mum/2017 ("नधा"रण वष" / Assessment Year: 2011-12) Reliant Pipes & Tubes Pvt. Ltd. Ito-5(3)(1), बनाम/ 3/5, Ground Floor, Sakar Bhavan, Aayakar Bhawan, 6Th Khetwadi Lane, Mumbai-400 020 Vs. Mumbai-400 004 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aadcr 8444 F (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : None ""यथ" क" ओर से/Respondent By : Ms. Hemalatha सुनवाई क" तार"ख / : 31.08.2017 Date Of Hearing घोषणा क" तार"ख / : 01.11.2017 Date Of Pronouncement आदेश / O R D E R Per Shamim Yahya, A. M.: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-10, Mumbai (‘Cit(A)’ For Short) Dated 20.01.2017 & Pertains To The Assessment Year (A.Y.) 2011-12. 2. The Grounds Of Appeal Read As Under:

For Appellant: NoneFor Respondent: Ms. Hemalatha
Section 133(6)Section 143(3)

…site belief Whether the materials would conclusively prove the escapement is not the concern at that stage. This is so because the formation of belief by the AO is within the realm of subjective satisfaction ITO v. Selected Dalurband Coal Co, (P.) Ltd. (1996) 217 ITR 597 (Supreme Court): Raymond Woollen Mills Ltd. v. ITO (1999) 236 ITR 34 (Supreme Court).” 9. The above discussion and precedent from Apex Court fully justify the validity of reopening in this case. Since, the issue has been decided on the basis of the Hon’ble Apex Court decision, the other case laws referred by assessee are not supporting the asses…

Shree Chemtech Marketing P.Ltd, Mumbai vs. ITO 15(3)(3), Mumbai

In the result, this appeal filed by the assessee stands dismissed

ITA 895/MUM/2017[2009-10]Status: DisposedITAT Mumbai16 Oct 2017AY 2009-10
For Appellant: Shri Bhupendra KarkhanisFor Respondent: Ms. Hemalatha
Section 143(3)Section 147

…site belief Whether the materials would conclusively prove the escapement is not the concern at that stage. This is so because the formation of belief by the AO is within the realm of subjective satisfaction ITO v. Selected Dalurband Coal Co, (P.) Ltd. (1996) 217 ITR 597 (Supreme Court): Raymond Woollen Mills Ltd. v. ITO (1999) 236 ITR 34 (Supreme Court).” 11. The above discussion and precedent from Apex Court fully justify the validity of reopening in this case. Further I find that the Ld. CIT(A) has carefully examined the issue and has properly appreciated the issue. Hence, I do not find any infirmity in the s…

Sumit M. Malhotra, Kalyan vs. ITO 3(4), Mumbai

In the result, these appeals filed by the assessee stands dismissed

ITA 6697/MUM/2016[2009-10]Status: DisposedITAT Mumbai16 Oct 2017AY 2009-10

Bench: Shri Shamim Yahya, Am & Shri Sandeep Gosain, Jm आयकर अपील सं./I.T.A. Nos. 6697 & 6698/Mum/2016 ("नधा"रण वष" / Assessment Years: 2009-10 & 2010-11) Mr. Sumit M. Malhotra Income-Tax Officer 3(4), Rani Mansion, 2Nd Floor, C/O. M/S. S. M. Steel Traders बनाम/ 702, “A” Wing, Archies Apartment, Murbad Road, Vs. Oak Baug, Near Railway Station, Kalyan (W) – 421 301 Kalyan (W) – 421 301 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaypm 8541 J (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : None ""यथ" क" ओर से/Respondent By : Shri V. Justin

For Appellant: NoneFor Respondent: Shri V. Justin
Section 133(6)Section 148

…site belief Whether the materials would conclusively prove the escapement is not the concern at that stage. This is so because the formation of belief by the AO is within the realm of subjective satisfaction ITO v. Selected Dalurband Coal Co, (P.) Ltd. (1996) 217 ITR 597 (Supreme Court): Raymond Woollen Mills Ltd. v. ITO 8 ITA Nos. 6697&6698/M/16 (A.Ys.09-10 & 10-11) Mr. Sumit M. Malhotra vs. ITO (1999)236 ITR 34 (Supreme Court).” 11. The above discussion and precedent from Apex Court fully justify the validity of reopening in this case. Accordingly, we uphold the validity of reopening. 12. As regards the meri…

Bhaveshwar Traders, Mumbai vs. Asst CIT 31(1), Mumbai

In the result, this appeal filed by the assessee stands partly allowed

ITA 2730/MUM/2017[2009-10]Status: DisposedITAT Mumbai12 Oct 2017AY 2009-10

Bench: Shri Shamim Yahyaआयकर अपील सं./I.T.A. No. 2730/Mum/2017 ("नधा"रण वष" / Assessment Year: 2009-10) Bhaveshwar Traders Astt. Cit-31(1), बनाम/ Gala No. 15, Guffa Road, Pratyaksha Kar Bhavan, Opp. Jain Mandir, Jogeshwari (E), Bandra Kurla Complex, Vs. Mumbai-400 060 Mumbai-400 051 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. Aaifb 5683 L (अपीलाथ" /Appellant) (""यथ" / Respondent) : अपीलाथ" क" ओर से / Appellant By : Shri Rajesh Mistry ""यथ" क" ओर से/Respondent By : Ms. Hemalatha सुनवाई क" तार"ख / : 29.08.2017 Date Of Hearing घोषणा क" तार"ख / : 12.10.2017 Date Of Pronouncement आदेश / O R D E R Per Shamim Yahya, A. M.: This Is An Appeal By The Assessee Is Directed Against The Order By The Commissioner Of Income Tax (Appeals)-42, Mumbai (‘Cit(A)’ For Short) Dated 28.12.2016 & Pertains To The Assessment Year (A.Y.) 2009-10. 2. The Issue Raised Is That The Ld. Cit(A) Erred In Sustaining Disallowance Of 100% Of Bogus Purchase, Amounting To Rs.22,39,511/-. The Assessee Has Also Raised Ground Challenging The Reopening Of This Case.

For Appellant: Shri Rajesh MistryFor Respondent: Ms. Hemalatha
Section 133(6)Section 143(3)Section 69C

…site belief Whether the materials would conclusively prove the escapement is not the concern at that stage. This is so because the formation of belief by the AO is within the realm of subjective satisfaction ITO v. Selected Dalurband Coal Co, (P.) Ltd. (1996) 217 ITR 597 (Supreme Court): Raymond Woollen Mills Ltd. v. ITO (1999) 236 ITR 34 (Supreme Court)." 13. The above discussion and precedent from Apex Court fully justify the validity of reopening in this case. 8 Bhaveshwar Traders vs. Astt. CIT 13. In the result, this appeal filed by the assessee stands partly allowed. प"रणामतः "नधा"रती क" अपील आं"शक "वीकृत…

Smt. K.R.Yashodha, Bangalore vs. Income-Tax Officer, Bangalore

In the result, appeal of the assessee is partly allowed for statistical purposes

ITA 745/BANG/2017[2007-2008]Status: DisposedITAT Bangalore06 Oct 2017AY 2007-2008

Bench: Shri Sunil Kumar Yadav & Shri Jason P Boazassessment Year : 2007-08

For Appellant: Shri. V. Srinivasan, AdvocateFor Respondent: Shri. Dandapani, JCIT
Section 147Section 148Section 234ASection 54F

…IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH : BANGALORE BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI JASON P BOAZ, ACCOUNTANT MEMBER Assessment year : 2007-08 Smt. K. R. Yashodha, Vs. The Income Tax Officer, #102/5, 7th “A” Main, Ward-7[2][1], 3rd Block, Jayanagar, Bengaluru Bengaluru-560011. PAN : AESPS5529J APPELLANT RESPONDENT Assessee by : Shri. V. Srinivasan, Advocate Revenue by : Shri. Dandapani, JCIT Date of hearing : 24.08.2017 Date of Pronouncement : 06.10.2017 O R D E R Per Sunil Kumar Yadav, Judicial Member This appeal is preferred by the assessee against the order of CIT(A), inter…

Manish D. Mandhania, Mumbai vs. Asst CIT 33(2), Mumbai

In the result, this appeal filed by the assessee stands dismissed

ITA 1211/MUM/2017[2009-10]Status: DisposedITAT Mumbai03 Oct 2017AY 2009-10

Bench: Shri Shamim Yahya, Am & Shri Shaktijit Dey, Jm

For Appellant: --- None ---For Respondent: Shri Purshottam Kumar
Section 147Section 148Section 69C

…site belief Whether the materials would conclusively prove the escapement is not the concern at that stage. This is so because the formation of belief by the AO is within the realm of subjective satisfaction ITO v. Selected Dalurband Coal Co, (P.) Ltd. (1996) 217 ITR 597 (Supreme Court): Raymond Woollen Mills Ltd. v. ITO (1999) 236 ITR 34 (Supreme Court).” 11. The above discussion and precedent from Apex Court fully justify the validity of reopening in this case. Further we find that the Ld. CIT(A) has carefully examined the other aspects to the challenge of validity of reopening issue and has properly appreciate…

Prakash, Trichy vs. ITO, Trichy

In the result, the appeals of the assessees for all the

ITA 1223/CHNY/2017[1997-98]Status: DisposedITAT Chennai17 Aug 2017AY 1997-98

Bench: Shri Abraham P. George]

For Appellant: Shri. A.S. Sriraman, Adv
Section 133ASection 148Section 271(1)Section 281B

…ve the escapement is not the concern at that stage. This is so because the formation of belief by the Assessing Officer is within the realm of subjective ITA Nos.1218 to 1223/2017 :- 19 -: satisfaction (see ITO v. Selected Dalurband Coal Co. P. Ltd. [1996] 217 ITR 597 (SC) ; Raymond Woollen Mills Ltd. v. ITO [1999] 236 ITR 34 (SC). 17. The scope and effect of section 147 as substituted with effect from April 1, 1989, as also sections 148 to 152 are substantially different from the provisions as they stood prior to such substitution. Under the old provisions of section 147, separate clauses (a) and (b) laid dow…

Prakash, Trichy vs. ITO, Trichy

In the result, the appeals of the assessees for all the

ITA 1222/CHNY/2017[1996-97]Status: DisposedITAT Chennai17 Aug 2017AY 1996-97

Bench: Shri Abraham P. George]

For Appellant: Shri. A.S. Sriraman, Adv
Section 133ASection 148Section 271(1)Section 281B

…ve the escapement is not the concern at that stage. This is so because the formation of belief by the Assessing Officer is within the realm of subjective ITA Nos.1218 to 1223/2017 :- 19 -: satisfaction (see ITO v. Selected Dalurband Coal Co. P. Ltd. [1996] 217 ITR 597 (SC) ; Raymond Woollen Mills Ltd. v. ITO [1999] 236 ITR 34 (SC). 17. The scope and effect of section 147 as substituted with effect from April 1, 1989, as also sections 148 to 152 are substantially different from the provisions as they stood prior to such substitution. Under the old provisions of section 147, separate clauses (a) and (b) laid dow…

S.Devendran, Trichy vs. ITO, Trichy

In the result, the appeals of the assessees for all the

ITA 1221/CHNY/2017[1997-98]Status: DisposedITAT Chennai17 Aug 2017AY 1997-98

Bench: Shri Abraham P. George]

For Appellant: Shri. A.S. Sriraman, Adv
Section 133ASection 148Section 271(1)Section 281B

…ve the escapement is not the concern at that stage. This is so because the formation of belief by the Assessing Officer is within the realm of subjective ITA Nos.1218 to 1223/2017 :- 19 -: satisfaction (see ITO v. Selected Dalurband Coal Co. P. Ltd. [1996] 217 ITR 597 (SC) ; Raymond Woollen Mills Ltd. v. ITO [1999] 236 ITR 34 (SC). 17. The scope and effect of section 147 as substituted with effect from April 1, 1989, as also sections 148 to 152 are substantially different from the provisions as they stood prior to such substitution. Under the old provisions of section 147, separate clauses (a) and (b) laid dow…

S.Devendran, Trichy vs. ITO, Trichy

In the result, the appeals of the assessees for all the

ITA 1220/CHNY/2017[1996-97]Status: DisposedITAT Chennai17 Aug 2017AY 1996-97

Bench: Shri Abraham P. George]

For Appellant: Shri. A.S. Sriraman, Adv
Section 133ASection 148Section 271(1)Section 281B

…ve the escapement is not the concern at that stage. This is so because the formation of belief by the Assessing Officer is within the realm of subjective ITA Nos.1218 to 1223/2017 :- 19 -: satisfaction (see ITO v. Selected Dalurband Coal Co. P. Ltd. [1996] 217 ITR 597 (SC) ; Raymond Woollen Mills Ltd. v. ITO [1999] 236 ITR 34 (SC). 17. The scope and effect of section 147 as substituted with effect from April 1, 1989, as also sections 148 to 152 are substantially different from the provisions as they stood prior to such substitution. Under the old provisions of section 147, separate clauses (a) and (b) laid dow…

M.R.Prasad, Trichy vs. ITO, Trichy

In the result, the appeals of the assessees for all the

ITA 1219/CHNY/2017[1997-98]Status: DisposedITAT Chennai17 Aug 2017AY 1997-98

Bench: Shri Abraham P. George]

For Appellant: Shri. A.S. Sriraman, Adv
Section 133ASection 148Section 271(1)Section 281B

…ve the escapement is not the concern at that stage. This is so because the formation of belief by the Assessing Officer is within the realm of subjective ITA Nos.1218 to 1223/2017 :- 19 -: satisfaction (see ITO v. Selected Dalurband Coal Co. P. Ltd. [1996] 217 ITR 597 (SC) ; Raymond Woollen Mills Ltd. v. ITO [1999] 236 ITR 34 (SC). 17. The scope and effect of section 147 as substituted with effect from April 1, 1989, as also sections 148 to 152 are substantially different from the provisions as they stood prior to such substitution. Under the old provisions of section 147, separate clauses (a) and (b) laid dow…

M.R.Prasad, Trichy vs. ITO, Trichy

In the result, the appeals of the assessees for all the

ITA 1218/CHNY/2017[1996-97]Status: DisposedITAT Chennai17 Aug 2017AY 1996-97

Bench: Shri Abraham P. George]

For Appellant: Shri. A.S. Sriraman, Adv
Section 133ASection 148Section 271(1)Section 281B

…ve the escapement is not the concern at that stage. This is so because the formation of belief by the Assessing Officer is within the realm of subjective ITA Nos.1218 to 1223/2017 :- 19 -: satisfaction (see ITO v. Selected Dalurband Coal Co. P. Ltd. [1996] 217 ITR 597 (SC) ; Raymond Woollen Mills Ltd. v. ITO [1999] 236 ITR 34 (SC). 17. The scope and effect of section 147 as substituted with effect from April 1, 1989, as also sections 148 to 152 are substantially different from the provisions as they stood prior to such substitution. Under the old provisions of section 147, separate clauses (a) and (b) laid dow…

Sitaram Chemicals, Ambernath vs. DCIT Cir 2, Kalyan

In the result, this appeal by the assessee stands partly allowed

ITA 1330/MUM/2017[2009-10]Status: DisposedITAT Mumbai06 Jul 2017AY 2009-10

Bench: Shri Shamim Yahya

For Appellant: Shri Sunil S.GadreFor Respondent: Shri B.Satyanarayana Raju (Sr.DR)
Section 143(2)Section 144Section 148Section 271

…site belief Whether the materials would conclusively prove the escapement is not the concern at that stage. This is so because the formation of belief by the AO is within the realm of subjective satisfaction ITO v. Selected Dalurband Coal Co, (P.) Ltd. (1996) 217 ITR 597 (Supreme Court): Raymond Woollen Mills Ltd. v. ITO (1999) 236 ITR 34 (Supreme Court).” 9. The above discussion and precedent from Apex Court fully justify the validity of reopening in this case. 10. Up on careful consideration of the facts of the case, I find that overwhelming evidence have been referred by the authorities below that the impugn…

Nayan J. Balu, Mumbai vs. ITO 19(2)(4), Mumbai

In the result, on this appeal filed by the assessee stands dismissed

ITA 1269/MUM/2017[2009-10]Status: DisposedITAT Mumbai03 Jul 2017AY 2009-10

Bench: Shri Shamim Yahya

For Appellant: Shri R.N.MehtaFor Respondent: Shri B.Satyanarayana Raju (Sr.DR)
Section 133(6)Section 139Section 142Section 143(3)Section 145(3)Section 147Section 148

…site belief Whether the materials would conclusively prove the escapement is not the concern at that stage. This is so because the formation of belief by the AO is within the realm of subjective satisfaction ITO v. Selected Dalurband Coal Co, (P.) Ltd. (1996) 217 ITR 597 (Supreme Court): Raymond Woollen Mills Ltd. v. ITO (1999) 236 ITR 34 (Supreme Court).” 7.3 The above discussion and precedent from Apex Court fully justify the validity of reopening in this case. Further I find that the Ld. CIT(A) has carefully examined the issue and has properly appreciated the issue. Hence, I do not find any infirmity in the s…

Hans Chemicals P.Ltd, Mumbai vs. ITO 12(2)(3), Mumbai

In the result, this appeal by the assessee stands dismissed

ITA 1193/MUM/2017[2009-10]Status: DisposedITAT Mumbai03 Jul 2017AY 2009-10

Bench: Shri Shamim Yahya

For Appellant: Ms.Natasha (LA not filed)For Respondent: Shri B.Satyanarayana Raju (Sr.DR)

…site belief Whether the materials would conclusively prove the escapement is not the concern at that stage. This is so because the formation of belief by the AO is within the realm of subjective satisfaction ITO v. Selected Dalurband Coal Co, (P.) Ltd. (1996) 217 ITR 597 (Supreme Court): Raymond Woollen Mills Ltd. v. ITO (1999) 236 ITR 34 (Supreme Court).” 9. The above discussion and precedent from Apex Court fully justify the validity of reopening in this case. Since, the issue has been decided on the basis of the Hon’ble Apex Court decision, the other case laws referred by assessee are not supporting the asses…

Mukesh Radhyesham Goyal, Mumbai vs. ITO 18(2)(2), Mumbai

In the result, this appeal filed by the assessee stands dismissed

ITA 7276/MUM/2016[2010-11]Status: DisposedITAT Mumbai03 Jul 2017AY 2010-11

Bench: Shri Shamim Yahya

For Appellant: --- None ---For Respondent: Shri B.Satyanarayana Raju (Sr.DR)
Section 133(6)Section 147Section 148

…site belief Whether the materials would conclusively prove the escapement is not the concern at that stage. This is so because the formation of belief by the AO is within the realm of subjective satisfaction ITO v. Selected Dalurband Coal Co, (P.) Ltd. (1996) 217 ITR 597 (Supreme Court): Raymond Woollen Mills Ltd. v. ITO (1999) 236 ITR 34 (Supreme Court).” 9. The above discussion and precedent from Apex Court fully justify the validity of reopening in this case. Further I find that the Ld. CIT(A) has carefully examined the issue and has properly appreciated the issue. Hence, I do not find any infirmity in the sam…

Shri Mohan Chandra Dalakoti, New Delhi vs. ITO, Haldwani

In the result, the appeal of the assessee is allowed

ITA 297/DEL/2017[2007-08]Status: DisposedITAT Delhi30 Jun 2017AY 2007-08

Bench: Sh. N. K. Sainiita No. 297/Del/2017 : Asstt. Year : 2007-08 Mohan Chandra Dalakoti, Vs Income Tax Officer, C/O Sandeep Sapra, Advocate, C- Ward-1(2), 763, New Friends Colony, Haldwani New Delhi-110025 (Appellant) (Respondent) Pan No. Acxpd1990R Assessee By : Sh. Sandeep Sapra, Adv. Revenue By : Sh. T. Vasanthan, Sr. Dr Date Of Hearing : 27.06.2017 Date Of Pronouncement : 30.06.2017 Order This Is An Appeal By The Assessee Against The Order Dated 04.10.2016 Of Ld. Cit(A), Haldwani.

For Appellant: Sh. Sandeep Sapra, AdvFor Respondent: Sh. T. Vasanthan, Sr. DR
Section 147Section 148Section 69A

…the escapement is not the concern at that stage. This is so because the formation of belief by the Assessing Officer is within the realm of subjective satisfaction. The Hon'ble Supreme Court in the case of ITO v. Selected Dalurband Coal Co. (P.) Ltd., [1996] 217 ITR 597 (SC); Raymond Woollen Mills Ltd. v. ITO [1999] 236 ITR 34 (SC) has held by that if the Assessing Officer, for whatever reason, has reason to believe that income has escaped assessment, it confers jurisdiction to reopen the assessment, so long as the conditions of section 147 are fulfilled, the Assessing Officer is free to initiate proceedings und…